Acts and Regulations

2026-2 - Judicature Act

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NEW BRUNSWICK
REGULATION 2026-2
under the
Judicature Act
2026-4
Provincial Offences Procedure Act
2026-4
Filed January 22, 2026
1Rule 4 of the Rules of Court of New Brunswick, “COURT DOCUMENTS”, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act, is amended
(a) in subrule .01 of the English version of Rule 4
(i) in paragraph (2) by striking out “his” and substituting “the person’s”;
(ii) in paragraph (3) by striking out “his” and substituting “their”;
(b) in clause .02(1)(g) of the English version of Rule 4 by striking out “his” and substituting “the party’s”;
(c) in subrule .05 of Rule 4
(i) in clause (1)(a) of the English version by striking out “he” and substituting “the deponent”;
(ii) in paragraph (5) of the English version by striking out “his” and substituting “the party’s”;
(iii) by repealing the heading “By an Illiterate or Blind Person” preceding paragraph (8) and substituting the following:
By a Person who Cannot Read or is Visually Impaired
(iv) by repealing paragraph (8) and substituting the following:
4.05(8)If it appears to a person before whom an affidavit is sworn that the deponent is unable to read or is visually impaired, the person shall certify in the jurat that the affidavit was read in the person’s presence to the deponent, who appeared to understand it, and that the deponent signed the affidavit or placed the deponent’s mark on it in the person’s presence.
(v) in the heading “By a Person Who is Physically Unable to Sign or Place His or Her Mark” preceding paragraph (8.1) of the English version by striking out “His or Her” and substituting “Their”;
(vi) in paragraph (8.1) of the English version by striking out “his or her” and substituting “the deponent’s”;
(vii) by repealing paragraph (9) of the English version and substituting the following:
4.05(9)If it appears to a person before whom an affidavit is sworn that the deponent does not understand the language used in the affidavit, the person shall certify in the jurat that the affidavit was interpreted to the deponent by the person or in the person’s presence by a named interpreter sworn by the person to interpret the affidavit correctly.
(viii) in clause (13)(c) of the English version by striking out “him” and substituting “the person”.
(d) in subrule 0.8(3) of Rule 4 by striking out “73B, 76A” and substituting “73B, 73F, 76A”.
2Rule 17 of the Rules of Court, “REPRESENTATION BY SOLICITOR”, is amended
(a) by adding before subrule .01 of Rule 17 the following:
Definition of ‘limited scope retainer’
17.001In this rule, limited scope retainer means an agreement between a solicitor and client for the provision of legal services by the solicitor for part but not all of the client’s legal matter.
(b) in subrule .01 of Rule 17 by adding after paragraph (3) the following:
17.01(4)Paragraph (3) permits a party to be represented by a solicitor acting under a limited scope retainer, but a limited scope retainer does not, in itself, make a solicitor the solicitor of record.
(c) by repealing subrule .02(1) of the English version of Rule 17 and substituting the following:
17.02(1)When a solicitor whose name is endorsed on any document in a proceeding is served with a request in writing from any party to the proceeding, the solicitor shall, without delay, declare whether the process was issued by the solicitor on the instructions of the party the solicitor is shown to represent.
(d) by adding after subrule .02 of Rule 17 the following:
Effect of Limited Scope Retainer
17.021(1) A party to a proceeding who is represented by a solicitor under a limited scope retainer is considered to be self-represented for the purposes of this rule.
17.021(2) Paragraph (1) does not apply if a solicitor who is representing a party to a proceeding under a limited scope retainer agrees to be the solicitor of record.
(e) in subrule .03 of the English version of Rule 17
(i) in paragraph (1) by striking out “his solicitor” and “his former solicitor” and substituting “solicitor” and “the party’s former solicitor”, respectively;
(ii) by repealing paragraph (2) and substituting the following:
17.03(2)A self-represented party in a proceeding may appoint a solicitor, in which case the party shall serve on every other party to the proceeding a notice to that effect without delay.
(iii) by repealing paragraph (3) and substituting the following:
17.03(3)Subject to Rule 17.01, a party represented by a solicitor may elect to be self-represented in a proceeding by serving on the solicitor and every other party to the proceeding a notice to that effect.
(f) in subrule .04 of the English version of Rule 17
(i) in paragraph (1) by striking out “his” and substituting “the solicitor’s”;
(ii) in paragraph (2) by striking out “his” and substituting “the solicitor’s”;
(iii) in paragraph (3) by striking out “him at his last” and substituting “the client at the client’s latest”;
(iv) by repealing paragraph (4) and substituting the following:
17.04(4)The solicitor shall remain the solicitor of record for the solicitor’s client with all the responsibilities related to being the solicitor of record until an order removing the solicitor’s name from the record has been filed or until the client has served and filed, with proof of service, a notice under Rule 17.03.
(v) in paragraph (5) by striking out “him at his last” and substituting “the party at the party’s latest”;
(vi) in paragraph (6) by striking out “he” and substituting “the solicitor”;
(g) in subrule .05 of the English version of Rule 17 by striking out “he” and “his last” and substituting “the solicitor” and “the party’s latest”, respectively.